https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3684
Because the 7-day period expired on a Saturday, Order 50 rule 3 applied and treated the replying affidavit filed and served on Monday 15/6/2026 as properly filed within time. The objection to strike it out failed.
Source-derived case information.
- Citation
- [2026] KEELC 3684 (KLR)
- Parties
- Appellant: JOANINA ITURA JAPHET; 1st Respondent: JAPHET M’NAITURI; 2nd Respondent: CHARURU SDA SELF HELP GROUP; 3rd Respondent: SERENE AUCTIONEERS
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E012 of 2025
- Procedural Posture
- ELC Appeal Case / Ruling on Oral Objection to Replying Affidavit
- Outcome
- Oral objection rejected; replying affidavit admitted as properly before court.
- Judges
- ["BM Eboso"]
- Legal Topics
- Computation of Time, Filing of Replying Affidavit, Order 50 Rule 3 Civil Procedure Rules, Striking Out Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
JOANINA ITURA JAPHET
Appellant
JAPHET M’NAITURI
1st Respondent
CHARURU SDA SELF HELP GROUP
2nd Respondent
SERENE AUCTIONEERS
3rd Respondent
Procedural Posture
ELC Appeal Case / Ruling on Oral Objection to Replying Affidavit
Legal Issues
- 1 Whether the replying affidavit filed on Monday 15/6/2026 was out of time where the prescribed 7-day period expired on Saturday 13/6/2026
- 2 Whether Order 50 rule 3 of the Civil Procedure Rules extended time to the next business day where the deadline fell on a Saturday
Ratio Decidendi
Because the 7-day period expired on a Saturday, Order 50 rule 3 applied and treated the replying affidavit filed and served on Monday 15/6/2026 as properly filed within time. The objection to strike it out failed.
Court Disposition
Oral objection rejected; replying affidavit admitted as properly before court.
Orders
- The replying affidavit filed and served on 15/6/2026 is properly before court.
- The oral objection is rejected.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT MERU** **ELC APPEAL CASE NO. E012 OF 2025** **JOANINA ITURA JAPHET............................................APPELLANT** **=VERSUS=** **JAPHET M’NAITURI..........................................1ST RESPONDENT** **CHARURU SDA SELF HELP GROUP...................2ND RESPONDENT** **SERENE AUCTIONEERS...................................3RD RESPONDENT** **RULING** **(EX-TEMPORE)** **1**. The applicant has invited the court to strike out the respondent’s replying affidavit on the ground that it was filed on Monday 15/6/2026 at about 8.00 a.m in the morning yet the 7 days period which had been prescribed in the order dated 28/5/2026 ended on Saturday 13/6/2026. The applicant contends that since she served the application on 6/6/2026, the respondent should have filed and served their replying affidavit latest on 13/6/2026. **2.** The court has considered the objection. There is no dispute that the 7 days period ended on 13/6/2026 which was a Saturday. Order 50 rule 3 of the Civil Procedure Rules provides that where the time for doing any act expires on a Sunday or other day on which the offices are closed and such act cannot be done due to the closure, such act is deemed done within the prescribed time when it is done on the next day when the offices are open. **3.** In light of the clear provisions of **Order 50** **rule 3** of the **Civil Procedure Rules**, the replying affidavit filed and served on Monday 15/6/2026 is properly before court. The oral objection is rejected. **DATED, SIGNED AND DELIVERED AT MERU THIS 15TH DAY OF JUNE, 2026.** **B M EBOSO [MR]** **ELC JUDGE** **In the presence of:** Mr Ouma for the 2nd and 3rd Respondents Mr Otieno C for the Appellant Court Assistant – Mr. E. Tupet